Metro Manila (CNN Philippines, August 1) —The Sandiganbayan Second Division has affirmed its earlier decision to dismiss a 36-year-old case filed against three coconut companies, which were allegedly formed out of coco levy funds.
The anti-graft court denied the May 31 motion for reconsideration filed by the Presidential Commission on Good Government (PCGG), through the Office of the Solicitor General, assailing its earlier resolution dismissing the civil case against Coconut Producers Federation, Inc., Coconut Investment Co., and Cocofed Marketing Corp.
\”In view of the foregoing, as the plaintiff did not raise any argument to convince this Court that its ruling is erroneous or contrary to the law or evidence, its motion for reconsideration must be denied for lack of merit,\” the eight-page resolution dated July 31, 2023, read.
The Sandiganbayan junked last May 16 the case filed by the PCGG on July 31, 1987 against the three firms, on the grounds that the case has been pending for more than 30 years and without assurance of its resolution.
\”The records show that more than two (2) decades have passed, and yet, no conclusion of pre-trial proceedings or even initiation for the setting of the next pre-trial schedule has been issued,\” the Sandiganbayan reiterated.
The anti-graft court noted that the plaintiff, the PCGG, failed to appear in pre-trial proceedings countless times, with the last pre-trial set on Nov. 13, 2000.
\”And applying any of the rules applicable to the Sandiganbayan at any given point in time since its last setting for pre-trial proceedings, the delay is beyond the time periods provided therein,\” the anti-graft court said.
In its motion for reconsideration, the PCGG argued that the pending motions, incidents, and pleadings, filed by both parties in the case \” took the Court a long time to resolve due to its quantity and complexity.\”
But the Sandiganbayan stressed: \”The motion for reconsideration must be denied. Primarily, the grounds relied upon by the plaintiff have already been carefully and exhaustively considered and passed upon in the assailed resolution.\”
The collection of levy from coconut farmers’ produce started in 1971 under the term of then President Ferdinand E. Marcos. The fund had been mired in allegations of corruption, with the collected money supposedly going to the pockets of Marcos’ cronies.
